(a) Notwithstanding Alaska Stat. § 14.30.171(a)(3) and (5), a behavioral or mental health professional working within a public school system may, in compliance with federal education law or applicable state law,

Terms Used In Alaska Statutes 14.30.174

  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) recommend, but not require, a psychiatric or behavioral health evaluation of a child; and
(2) recommend, but not require, psychiatric, psychological, or behavioral treatment for a child.
(b) In this section,

(1) “behavioral health professional” means a person who has a master’s degree in psychology, social work, counseling, or a related field with specialization or experience in working with children experiencing behavioral, physical, and emotional disabilities, and is working within the scope of the person’s training and experience;
(2) “federal education law” means 20 U.S.C. § 14001482 (Individuals with Disabilities Education Act), 20 U.S.C. § 7101 – 7143 (Safe and Drug-Free Schools and Communities Act of 1994), 29 U.S.C. § 794 (nondiscrimination under federal grants and programs), and 42 U.S.C. § 1210112213 (equal opportunity for individuals with disabilities);
(3) “mental health professional” has the meaning given in Alaska Stat. § 47.30.915.